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· 7/18/1986

Gould v. Taco Bell

Citations

  • 722 P.2d 511
  • 239 Kan. 564
  • 1986 Kan. LEXIS 381

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that restaurant owner’s negligent failure to protect patron could not be compared to assailant’s intentional conduct
  • reasoning that “the intentional acts of a third party cannot be compared with the negligent acts of a defendant whose duty it is to protect the plaintiff from the intentional acts committed by the third party”
  • allowing punitive damages for wanton conduct when a restaurant manager refused to intervene or call police when two patrons were being beaten
  • in patron's action against restaurant for injuries resulting from third party's intentional assault, fault of third-party patron cannot be compared with negligence of restaurant
  • restaurant owner’s negligent failure to protect patron from assault could not be compared to assailant’s intentional conduct
  • business had duty to protect invitees from known danger of criminal assault, and could not reduce its fault by intentional act of assailant

Source: CourtListener parenthetical corpus (CC0).

Judges: Herd, Schroeder, Miller, McFarland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.